David A. Perlson

 

San Francisco Office
Tel: 415-875-6600
Fax: 415-875-6700
davidperlson@quinnemanuel.com
Practice Areas
Appellate Practice
Class Action Litigation
Entertainment, Media and Internet Litigation
Intellectual Property Litigation
Plaintiffs' Litigation

Education

Northwestern University (J.D., cum laude, 1996)

Journal of Criminal Law and Criminology:

     Associate Articles Editor, 1995-1996

 

University of Wisconsin (B.A., Phi Beta Kappa, 1993)



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Biography

 

Mr. Perlson is an experienced trial and appellate lawyer in intellectual property and commercial litigation.  His practice includes the following substantive areas: patent, trade secret, class action, and anti-trust. 


Mr. Perlson has substantial experience representing companies in the Internet space.  He has also done significant work representing companies in the gaming and financial industries. 




Representative Clients

 

In Internet and other technology fields, he has represented Google, YouTube, RealNetworks, Listen.com, AOL, Netscape, Nullsoft, Time-Warner and IBM.

 

In the gaming field, he has represented  Bally Gaming, Mindplay, and Las Vegas Sands Corp.

 

In the financial industry,  he has represented Bancorp Services, MBNA, and Arther Gallagher.




Notable Representations

 

Represented RealNetworks in a case brought by Friskit for patent infringement seeking $70 million in damages.  The Court granted RealNetworks' motion for summary judgment of invalidity of the claims of four patents asserted by Friskit and invalidated all four asserted. In the motion, relied upon the recent Supreme Court decision in KSR Int’l Co. v. Teleflex Inc.  Judge Schwarzer is one of the first federal trial judges to apply the Supreme Court's analysis in KSR. 


Represented Bancorp Services in a suit against The Hartford Insurance company for
stealing trade secrets and breaching a confidentiality agreement. After a two-week trial requiring that we explain sophisticated financial products to jurors, the St. Louis jury deliberated for less than a day and unanimously awarded Bancorp $118 million.

 

Represented AOL, Nullsoft, and Time Warner in a class action alleging contributory and vicarious copyright infringement through file share technology.  After getting Plaintiff to drop class action allegations, obtained a summary judgment ruling of non-infringement.

 

Represented IBM in a class action against claims of breach of warranty and consumer fraud relating to the sale and marketing of allegedly defective hard drives.  Obtained dismissal of complaint in one state and defeated class certification in another before obtaining favorable settlement.

 

Represented  MBNA in a class action case alleging a RICO conspiracy relating to credit card charges for Internet gambling.  Obtained a dismissal of the complaint, with prejudice ,  by demonstrating Plaintiff's RICO claims failed as a matter of law.

 

Represented  Arthur J. Gallagher when a Lloyd's of London insurance syndicate alleged malpractice in handling a claim of municipality.  Obtained a summary judgment ruling by demonstrating Plaintiff had no theory of damages.